GURMEET SINGH Vs. SURJIT KAUR AND OTHERS

JUDGEMENT

(1.) This is appeal against award dated 01.12.2012 passed by Motor Accident Claims Tribunal, Patiala (hereinafter referred to as 'the tribunal') allowing compensation of '5,24,000/- for death of Bhag Singh, husband of claimant-respondent No.1 and father of claimant-respondent No.2, in a motor vehicle accident with truck bearing registration No.HR-64-4669 (later referred to as the offending vehicle) owned by Gurmeet Singh, appellant. The tribunal observed that the driver of the offending vehicle was not holding an effective driving licence at the time of accident, as such, primary liability shall be that of driver and owner of the offending vehicle. The insurer of the vehicle was directed to pay the amount of compensation to the claimants with liberty to recover the same from owner and driver of the offending vehicle. Against the impugned award, owner of the offending vehicle has come up with the present appeal.

(2.) As the issue raised by the appellant is with regard to the liability of the appellant and respondent No.4 to pay the amount of compensation on the ground that driver of the offending vehicle i.e. respondent No.4 was not having valid and effective driving licence, detailed facts of the case are being skipped of for the sake of brevity.

(3.) The offending vehicle at the time of accident on 24.07.2010 was driven by Narinder Singh-respondent No.4. His driving licence was produced on file as Ex.RX, which was stated to be valid from 19.04.2010 to 18.04.2013. To prove that this was not a valid driving licence, the insurance company produced on file report of Licensing Authority, Mathura from where the licence Ex.RX was alleged to have been issued. This report Ex.RY states that Licence No.15434/MTR/03 had been issued in the name of Gyasuddin Khan son of Salim Khan for motorcycle. At this serial number, no licence had been issued in the name of Narinder Singh son of Shri Dalip Singh. In order to prove this fact, Sunil Kumar, Licence Clerk, A.R.T.O. Office Mathura was examined as RW2, who has stated this fact on oath. He has stated that this licence Ex.RX was not issued by their office and is a forged and fabricated document. So far as the statement of this witness is concerned, it could not be shattered in his cross-examination. Report Ex.RY is based on the documents in the office of Licensing Authority, Mathura. This fact has been specifically stated that at the number of licence i.e. 15434/MTR/03 (Ex.RX), it has been issued in the name of Gyasuddin Khan son of Salim Khan and not in the name of Narinder Singh.